[HISTORY: Adopted by the City Council of
the City of Jamestown 3-26-1962 as Ch. 17 of the 1962 Code. Amendments
noted where applicable.]
[Amended 4-10-1989; 8-10-1992 by L.L. No. 2-1992]
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, skill ball, mechanical
grab machines, pool tables, video games and all games, operations
or transactions similar thereto under whatever name they may be indicated.
For the purposes of this chapter, mechanical amusement device shall
also include the term "jukebox," which shall mean any music vending
machine, contrivance or device which, upon the insertion of a coin,
slug, token, plate, disc or key into any slot, crevice or other opening
or by the payment of any price, operates or may be operated for the
emission of songs, music or similar amusement.
[Amended 9-2-1969]
Nothing in this chapter shall in any way be
construed to authorize, license or permit any gambling devices whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law or that may be contrary to any
future laws of the state.
A.
Any person displaying for public patronage or keeping
for operation any jukebox or mechanical amusement device as defined
by this chapter shall be required to obtain a license from the City
upon payment of a license fee.
B.
Application for such license shall be made to the
City Clerk/Treasurer upon a form to be supplied by the City Clerk/Treasurer
for that purpose. Application for license shall be made out in duplicate,
one copy being referred to the Police Department and the other copy
to the Fire Department.
[Amended 2-24-2003; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C.
Each license hereunder shall approve the location or premises upon which the device is sought to be placed, not the device itself, and each license shall specifically state the number of devices allowed at each location based upon the inspection required in § 97-5 of this chapter.
[Added 4-10-1989]
[Amended 5-3-1982; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Every person desiring to procure a license,
as provided in this chapter, shall file with the City Clerk/Treasurer
a written application upon a blank form prepared and furnished by
the City. Such application shall contain the names and residences
of the applicant, if an individual, partnership or firm, or the names
and residences of the principal officers, if the applicant is an association
or corporation. Such application shall also describe, in detail, the
character of the business in which the applicant desires to engage.
The application shall also state the following:
A.
The length of time such applicant, or manager or person
in charge if the applicant is a firm, partnership, corporation or
association, has resided in the City, his places of previous employment,
whether he is married or single, whether he has been convicted of
a felony or misdemeanor, and if so, what offense, when and in what
court, and the date of birth of the applicant.
B.
The premises where such business is to be located
or carried on, giving the street and number.
C.
Whether the applicant has either alone or with someone
else ever engaged in the business sought to be licensed.
[Amended 5-3-1982]
A.
The Chief of Police shall investigate the location
wherein it is proposed to operate such machine, ascertain if the applicant
has been convicted of a felony or misdemeanor involving moral turpitude
and either approve or disapprove the application.
C.
Each inspection hereunder shall also determine the
number of devices for which the location can safely be licensed.
[Added 4-10-1989]
D.
No license shall be issued to any applicant unless
approved by the Chief of Police/Director of Public Safety and the
Deputy Chief of the Fire Department.
[Amended 2-24-2003]
[Amended 5-3-1982; 8-11-1986; 4-10-1989]
A.
Every applicant before being granted a license shall pay an annual license fee for the privilege of operating or maintaining for operation a mechanical amusement device as defined in this chapter. The annual license fee shall be as provided in Chapter 175, Licenses and Permits, for each number of machines the location is licensed for, plus a fee as provided in Chapter 175, Licenses and Permits, for each additional inspection during any license period.
[Amended 8-10-1992 by L.L. No. 2-1992]
B.
Unless renewed prior thereto, each license shall expire
on July 1 of each year.
[Amended 4-10-1989]
A.
The licenses provided for by this chapter shall be
posted permanently and conspicuously in a front window of each premises
wherein the device or devices are to be operated or maintained and,
if there is no such window, in some other prominent or conspicuous
place inside the licensed premises.
B.
Each licensee shall provide the Jamestown City Clerk/Treasurer
with a written statement giving the description and serial number
of each mechanical amusement device operated or maintained on the
licensed premises. It shall be the responsibility of the licensee
to keep said written statement current as such mechanical amusement
devices are replaced or removed from the licensed premises and to
so notify the Jamestown City Clerk/Treasurer on the next business
day following such occurrence.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C.
If the licensee shall move his place of business to
another location within the City, the license herein authorized shall
become void. A license issued pursuant to the provisions of this chapter
shall not be transferable from one person to another.
[Amended 5-3-1982]
A.
Upon the filing of the application and information as provided by this chapter, the City Clerk/Treasurer may, upon approval of such application by the Chief of Police/Director of Public Safety and the Deputy Fire Chief as hereinbefore provided and payment to the City of the license fee provided, issue to the applicant a license to engage in the business as is required by § 97-3. No license shall be refused except for reasons that the applicant has previously been convicted of a felony or misdemeanor involving moral turpitude or by reason that the location from which the business would be operated would, if operated, constitute a violation of the provisions of Chapter 300, Zoning, of the Code of the City of Jamestown or by reason of the fact that an applicant has previously has such license suspended or revoked.
[Amended 2-24-2003; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.
All licenses shall be numbered in the order in which
they are issued and shall state clearly the location of the place
of business in which the person receiving such license shall be authorized
to establish, engage in and carry on the business, the kind of business,
the dates of issuance and expiration of the license, the fee paid
and the name and address of the licensee. No applicant to whom a license
has been refused shall make further application until a period of
at least six months shall have elapsed since the last previous rejection,
unless he can establish that the reason for such rejection no longer
exists.
C.
All licenses shall clearly state the number of machines
licensed for each location.
[Added 4-10-1989]
[Amended 5-3-1982; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer may at any time suspend
or revoke any license granted under the provisions of this chapter
for the following reasons:
A.
The City Clerk/Treasurer shall suspend any license
granted under the provisions of this chapter for a period of up to
30 days upon a finding by the City Court or other court of competent
jurisdiction that the licenses has failed to comply with the provisions
of this chapter.
B.
The City Clerk/Treasurer shall suspend any license
granted under the provisions of this chapter for a period of up to
60 days upon a finding by the City Court or other court of competent
jurisdiction that the licensee has failed to comply with any of the
provisions of this chapter and such noncompliance is the second such
offense within a one-year period.
C.
The City Clerk/Treasurer shall revoke any license
granted under the provisions of this chapter upon a finding by the
City Court or other court of competent jurisdiction that the licensee
has failed to comply with the provisions of this chapter and such
noncompliance constitutes the third such offense within a one-year
period.
D.
The City Clerk/Treasurer shall revoke any license
granted under the provisions of this chapter upon a finding that the
licensee has been convicted of a felony or misdemeanor involving moral
turpitude during the period when the license issued pursuant to the
provisions of this chapter was in full force and effect.
[Amended 5-3-1982]
A.
No licensee or his, her or its clerk, agent or employee
shall permit any person under the age of 16 years to operate a mechanical
amusement device or loiter in or about the premises wherein a mechanical
amusement device is located between the hours of 8:30 a.m. and 3:15
p.m. on days when the public schools of the City of Jamestown are
in session, unless such person is accompanied by a parent or lawful
guardian. For purposes of determining the days when the public schools
of the City of Jamestown are in session, the adopted Jamestown public
school calendar for each school year shall be controlling.
B.
No licensee or his, her or its clerk, agent or employee
shall permit any mechanical amusement device to be operated by any
person under the age of 16 years of age or permit any such person
to loiter in or about the premises wherein a mechanical amusement
device is located between the hours of 10:00 p.m. and 6:00 a.m., unless
such person is accompanied by a parent or lawful guardian.
C.
No licensee or his, her or its clerk, agent or employee
shall permit more persons inside his place of business than is authorized
by the Jamestown Fire Department acting pursuant to applicable provisions
of the National Fire Protection Association Code.
D.
Each licensee shall cause to be posted in a conspicuous
place in or about the premises wherein a mechanical amusement device
is located a sign with lettering no less than two inches in height
and no less than one inch in width per each character or letter, which
sign shall state the following:
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NOTICE
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Chapter 97 of the Jamestown City Code prohibits any person under the age of 16 years to operate a mechanical amusement device or loiter in and about these premises between the hours of 8:30 a.m. and 3:15 p.m. on days when the public schools of the City of Jamestown are in session and every day between the hours of 10:00 p.m. and 6:00 a.m., unless such person is accompanied by a parent or lawful guardian.
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[Amended 5-3-1982; 8-10-1992 by L.L. No. 2-1992]
If the Chief of Police shall have reason to
believe any mechanical amusement device is used as a gambling device,
such machine may be seized by the police and impounded, and if upon
trial of the exhibitor for allowing it to be used as a gambling device,
the exhibitor is found guilty, such machine shall be sold or destroyed
by the police.
[Amended 5-3-1982]
This chapter shall not apply to jukeboxes while
the same are used by bona fide recreation centers operated under the
supervision of churches or the school authorities of the City or operated
for the benefit of a church.
